Job Recruitment Website - Social security inquiry - Is it okay to ask the company not to pay social security?
Is it okay to ask the company not to pay social security?
1. Neither the employer nor the employee can dispose of this right and obligation at will. The agreement that the laborer voluntarily signed with the employer to give up participating in social insurance is against the law and is invalid.
2. As an invalid agreement, it is not legally binding on workers and employers;
3. Because social insurance is compulsory by the state, it is the legal obligation of the employer to handle social insurance for employees. If the employee fails to pay in accordance with the regulations, the employee has the right to terminate the labor contract, and the employer shall pay economic compensation. Workers have the right to demand compensation from the employer, and the social security agency will impose administrative penalties on the employer on the grounds that the employer has not gone through the social insurance formalities for them and the social security agency cannot reissue them.
Legal basis: Article 86 of People's Republic of China (PRC) Social Insurance Law.
If the employer fails to pay the social insurance premium in full and on time, the social insurance premium collection agency shall order it to pay it within a time limit or make up for it, and from the date of default, an overdue fine of 5/10000 shall be added daily; Failing to pay within the time limit, the relevant administrative departments shall impose a fine of more than one time and less than three times the amount owed.
Article 88
Whoever defrauds social insurance benefits by fraud, forgery of certification materials or other means shall be ordered by the social insurance administrative department to return the defrauded social insurance benefits, and a fine of not less than two times but not more than five times the amount defrauded shall be imposed.
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